Will a Quit Claim have any merit after a bankruptcy filing? 5 Answers as of April 12, 2011

Husband and wife are divorced in late 2010. House (with mortgage) to wife in exchange for money to husband. Husband name on loan, No quit claim ever filed even though divorce papers state it goes to wife. Husband files for BK in 2011 and has house listed in BK. Will a quit claim at this point have any merit? And, lien was placed on house for debt owed by husband's business. Does this affect any quit claim?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
I would need a lot more information to answer your question completely. If you are in WA, contact me and we can discuss your matter. We offer free consultations.
Answer Applies to: Washington
Replied: 4/12/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
A Quit Claim at this point may be too little too late. You will need to ensure that you are listed as a Priority Creditor in your husband's Bankruptcy. You also have a long list of steps that should be taken to protect your situation. Fortunately, you may be able to have the lien from your husband's creditor stripped off of the house but you will need an attorney to assist in protecting your interest in the house at this point.
Answer Applies to: New Hampshire
Replied: 4/12/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Husband is still liable on the debt, the lien is probably valid, (but might be avoidable under Section 522 of the bankruptcy code). The quit claim deed does not affect the debts. The bankruptcy will relieve him of liability for mortgage but you need to look into avoiding the judgment lien. A motion is required to do that.
Answer Applies to: California
Replied: 4/11/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
If a bankruptcy has been filed, then the quitclaim will be void in any event. According to your facts, as of the date of filing, title to the house was in both husband and wife. Husband's bankruptcy estate therefore has at least a 50% interest in the property, subject to whatever liens and encumbrances are against it. Wife may have a claim against husband in family law court for failure to execute the quitclaim. A lot of this depends on what chapter of bankruptcy was filed, whether there's any equity in the property, etc. You need to have an attorney evaluate all of this in detail.
Answer Applies to: California
Replied: 4/11/2011
Bankruptcy Law Office of Robert Weed
Bankruptcy Law Office of Robert Weed | Robert Weed
There's a lien placed on the house for debt owed by husband's business. The quit claim won't help the wife with that. It will still be there.
Answer Applies to: Virginia
Replied: 4/11/2011
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